Article 198 - Page 686

DRAFT CONSTITUTION 653

ARTICLE 196

*The Honourable Dr. B. R. Ambedkar : Sir, I move:

“That for article 196, the following article be substituted :

Prohibition of practising in ‘196. No person who was held office as a judge court or before any authority of a High Court after the commencement of this by a person who held office Constitution shall plead or act in any court as a judgment a High Court. or before any authority within the territory of India’.” It is simply a rewording of the same.

Shri Prabhu Dayal Himatsingka : In view of the amendment moved by Dr. Ambedkar now, my amendment (No. 2632) is not necessary.


†Mr. President : Dr. Ambedkar do you wish to say anything ?

The Honourable Dr. B. R. Ambedkar : I do not think anything is necessary.

Mr. President : I will first put Sardar Hukam Singh’s amendment to the vote. If that is accepted, Dr. Ambedkar’s amendment will stand amended by this.

[The amendment was negatived. Dr. Ambedkar’s amendment was adopted. Article 196, as amended, was added to the Constitution.]

ARTICLE 196-A

(Amendment No. 2639 was not moved)

Mr. President : A similar amendment, No. 1870 was moved and discussed at great length and it was held over.

The Honourable Dr. B. R. Ambedkar : I suggest that article 196-A may be held over. A similar article, (No. 103-A) was held over.

Mr. President : I agree. This article will then stand over.

ARTICLE 197

The Honourable Dr. B. R. Ambedkar : Article 197 also may be held over.

Mr. President : I agree, this article also is held over.

ARTICLE 198

‡The Honourable Dr. B. R. Ambedkar : Sir, I move :

“That for article 198, the following article be substituted :—

Temporary appointment of acting Chief Justice.

“198. When the office of Chief Justice of a High court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his

*CAD, Vol. VIII, 7th June 1949, p. 680.

Ibid., p. 085.

Ibid., p. G85.